Complaints procedure for entrepreneurs

This Complaints Procedure for Entrepreneurs and Legal Entities (hereinafter referred to as the “Complaints Procedure”) regulates the method and conditions of complaints about defects of goods purchased by an entrepreneur or legal entity through the online store www.DÍLYNAKOTLE.cz from our company:

DÍLYNAKOTLE sro ., With its registered office at no. 134, 544 55 Dubenec

IČ: 01814842, DIČ: CZ01814842, registered: in the Commercial Register kept by the Regional Court in Hradec Králové, section C, insert 32377, address for delivery: Dílynakotle sro, Dubenec 134, 544 55, Dubenec, telephone number: 494 900 158, contact e -mail: info@dilynakotle.cz

1. SELLER'S LIABILITY FOR DEFECTS

1.1. The seller is responsible for ensuring that the goods are free of defects upon receipt. This means that the goods on receipt in particular:

• is in the agreed quantity;
• corresponds to the quality and design agreed between the buyer and seller, according to the agreed sample or template, or according to the purpose of the contract; otherwise for the usual purpose;
• a situation in which the seller delivers goods to the buyer other than those agreed between them is also considered a defect of the goods;
• it has no legal defects, ie a third party has no property rights to the goods and the goods are equipped with the documents necessary for the proper use of the goods.
  The seller provides a quality guarantee for entrepreneurs and legal entities for a period of 12 months from receipt of the goods, unless there is a shorter warranty period on the web interface or in the documents attached to the goods.

1.2. The difference in color shades in reality and on electronic display devices cannot be considered a defect of the goods.

2. BUYER'S RIGHTS FROM DEFECTIVE PERFORMANCE AND BUYER'S RIGHTS UNDER THE QUALITY WARRANTY

2.1. The buyer's rights from defective performance are governed by the Civil Code, in particular Sections 2099 to 2117.

2.2. If the defect of the goods is a material breach of contract, the buyer has the following rights from the defective performance:

• elimination of the defect by delivery of a new item without a defect or by delivery of a missing item;
• elimination of the defect by repairing the thing;
• reasonable discount from the purchase price; or
• withdrawal from the contract.

2.3. If the defect of the goods is a minor breach of contract, the buyer may require:

• defect rectification; or
• reasonable discount from the purchase price.

2.4. The buyer is obliged to inform the seller about the chosen method of resolving the complaint when notifying the defect, otherwise the seller will decide on it. The choice made can be changed only in agreement with the seller. If the buyer considers the defect to be a material breach of contract, he is obliged to prove it to the seller. The buyer acknowledges that until he exercises his right to a discount on the purchase price or withdraws from the contract, the seller is entitled to deliver the missing goods or eliminate the legal defect (especially to deliver the missing documents).

2.5. An exchange of goods or withdrawal from the contract cannot be requested if the buyer cannot return the item in the condition in which he received it. This does not apply if:

• the condition has changed as a result of an inspection in order to detect a defect in the item;
• the buyer used the item before the defect was discovered;
• the buyer has not caused the impossibility of returning the thing in an unaltered state by acts or omissions; or
• the buyer sold the item before the defect was discovered or changed the item in normal use; if this has happened only in part, the buyer will return to the seller what he can still return and give him compensation up to the amount in which he benefited from the use of the thing.

2.6. Please note that if the way of resolving the complaint is the exchange of goods or elimination of the defect by delivery of a new part, there is no new warranty period or period for exercising rights from defective performance from the exchange of goods or delivery of the new part, but this period and period does not run for the period could not use the goods.

3. IMPOSSIBILITY OF EXERCISE OF RIGHTS FROM DEFECTIVE PERFORMANCE

3.1. The buyer does not have the rights from the defective performance if he knew about the defect before taking over the thing or caused the defect himself.

3.2. Defect liability claims also do not apply to:

• wear and tear of the goods caused by their normal use;
• items sold at a lower price - only in relation to the defect for which the lower price was agreed; or
• if it follows from the nature of the matter.

4. COMPLAINTS PROCEDURE

4.1. The buyer is obliged to file a complaint with the seller without undue delay from the discovery of the defect. The contact address of the seller is determined for receiving the claimed goods.

4.2. Binding procedure for complaints:

• for faster settlement, the buyer can inform the seller in advance about the complaint by phone, e-mail or in writing;
• the buyer is obliged to inform the seller in writing of the right from the defective performance, to describe the defect and / or to describe how it manifests itself;
• the buyer delivers the claimed goods to the seller (other than cash on delivery, which the seller does not accept), while when sending, the buyer is obliged to pack the goods in a suitable package so as not to damage or destroy it;
• the buyer attaches to the goods a proof of purchase of goods or a tax document - an invoice, if issued, or another document proving the purchase of goods.

4.3. The moment of claim is the moment when the claimed goods were delivered to the seller, including all the above documents !!

4.4. In accordance with the Civil Code, the buyer has the right to reimbursement of reasonable costs incurred in making a claim for goods. The buyer acknowledges that the right to reimbursement of these costs must be exercised within one month after the expiration of the period in which the defect must be alleged.

This complaint procedure is valid and effective from 1 August 2017.